Complainant

Respondent

Anonymised Parties

A Senior Project Manager

A Company

Representatives

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00022269-001

01/10/2018

The Complainant commenced his employment with the Respondent on 22nd February 2016 as a Senior Project Manager. His employment ended on 1st June 2018.

The Complainant alleges that he did not receive his redundancy payment.

There was no appearance by or on behalf of the Respondent. I confirmed that a letter had issued notifying the Respondent of the date, time and location of the hearing. Having been satisfied of this, I waited some time to accommodate a late arrival. The Respondent did not engage with the WRC at any stage prior to the hearing, did not apply for a postponement and did not indicate any difficulties attending the hearing.

The Compliant submits that he started his employment with the Respondent on 22nd February 2016 as a Senior Project Manager. He submits that he was paid €721 gross a week and worked 40 hours. The Complainant submits that on 16th May 2018 he was informed by way of email that his position was being made redundant as of 1st June 2018.

The Complainant exhibited copies of emails and telephone text messages spanning from 28th June 2018 to 13th September 2018 sent by him to the Respondent inquiring about the redundancy payment. The Respondent replied on 7th June 2018 and 3rd July 2018 stating that the redundancy payments would be addressed once two final payments have been received by the Respondent.

The Complainant summits that he received no reply to his subsequent queries in July, August and September 2018. He submitted his complaint to the WRC on 1st October 2018.

There was no attendance by or on behalf of the Respondent.

It is unfortunate that the Respondent did not attend the adjudication hearing to put forward its position in relation to the complaint.

The Applicable Law

Section 7(1)(b) of the Redundancy Payments Act, 1967 as amended states as follows:

“An employee, if he is dismissed by his employer by reason of redundancy ……. shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as a redundancy payment provided –

(b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts 1952 – 1966 immediately before the date of the termination of his employment, or had ceased to be ordinarily employed in employment which was so insurable in the period of four years ending on that date.”

Section 7(2)(a) of the Act states:

“For the purposes of subsection (1), an employee who is dismissed shall be taken to be dismissed by reason of redundancy if for one or more reasons not related to the employee concerned the dismissal is attributable wholly or mainly to—

(a) the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employed, or

(b) the fact that the requirements of that business for employees to carry out work of a particular kind in the place where he was so employed have ceased or diminished or are expected to cease or diminish, or

(c) the fact that his employer has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employee had been employed (or had been doing before his dismissal) to be done by other employees or otherwise, or

(d) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done in a different manner for which the employee is not sufficiently qualified or trained, or

(e) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done by a person who is also capable of doing other work for which the employee is not sufficiently qualified or trained.

In the instant case, based on the uncontested evidence of the Complainant, I find that the Complainant’s employment ended by reason of redundancy on 1st June 2018.

Based on the uncontested evidence of the Complainant, I find that the Complainant is entitled to a statutory redundancy lump sum payment calculated as per the following criteria:

Date of commencement: 22nd February 2016

Date of termination: 1st June 2018

Gross weekly pay: €721

This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period.

Redundancy- non-attendance